dean corso
join:2007-09-07
1 edit | Misled by company, interviewed for non-existent job
This is a longshot, but do I have any legal recourse here?
I had two interviews with an organization for a position that I now discovered never existed in the first place. Can a company with no intention to hire mislead and bring in a person for formal interviews? I'm guessing the answer is a resounding "yes" but I thought I'd post to see if anyone has had a similar experience and if they did anything besides let the employer make a fool of them.
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psafux
Got Grep?
VIP
join:2005-11-10 | I doubt it but an attorney in your area should be able to tell you (without a fee). try calling a couple law firms and asking.
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Phil
Rojo Sol
Premium
join:2001-06-11
Camarillo, CA | reply to dean corso
Why would anyone waste their time or your time for a non-existent position? How did you find out the position wasn't available or didn't exist?
Move on. |
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Mark910
Premium
join:2002-04-21
Dayton, OH
clubs: | reply to dean corso
What kind of personal information did they require or request? What did you give them?
Watch your bank accounts and credit cards. |
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Jtmo
Premium
join:2001-05-20
Novato, CA
 ·Comcast
| reply to dean corso
Sometimes corporate policy is so tight time wise that you cannot put in a Req for 30 days prior to someone leaving.
If you have reasonable assumption that you will need someone, you might line up some ducks to have the candidates ready for day one of the available job.
And, I have flown cross country (their dime) to find a job was eliminated while I was there (cutbacks).
So, without further data from you, maybe this is why? |
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LittlePiggie
Premium
join:2009-09-11 | reply to dean corso
Maybe they wanted to open the position, but then decided not to.
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Kilroy
Premium,MVM
join:2002-11-21
Ann Arbor, MI
·WOW Internet and C..
| reply to dean corso
I'm feeling your pain. I get calls from people who want to schedule an interview and then I find out they are normally Insurance Sales jobs. I had one yesterday. Talked about 15 minutes normal pre interview screen questions and then they want to schedule me for an interview today. I asked about the positions and they were "various positions with our company, management, sales, and so on." I was very up front that I want an IT job and I would have been more than a little upset to find out they didn't have one and wasted my time.
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ergibbs
To Be Free
Premium,ExMod 2001-05
join:2001-03-07
on the ocean
| reply to dean corso
You're joking right? What is with the absurd litigiousness in our society? You now have a foot in the door at this organization. If you conducted yourself appropriately and professionally, your resume will remain on file and, if an opportunity arises, you just may be contacted. I had a company pay for me to travel to Miami for an interview and then tell me they weren't ready. Then, 6 months later, they paid for me to fly to Kansas for another interview, but they still weren't ready. Just because the position doesn't exist, to your knowledge, doesn't mean they aren't making preparations for future expansion.
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horsemouth
Please Clarify My CSP
Premium
join:2002-03-13
canada | reply to dean corso
Re: Misled by company, interviewed for non-existent job
It happens all the time. An old friend of mine [head hunter] cough cough... used the term "meat on the shelf" |
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peterboro1
join:2006-11-03
Peterborough, ON
| reply to dean corso
said by dean corso  :I now discovered never existed in the first place. Then don't worry about legal recourse the market will weed out companies that waste resources doing this. |
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Mega
join:2009-10-09 | reply to dean corso
You should jump onboard the sue sue train. |
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tvtek
Premium
join:2004-03-07
Concord, CA
·Astound Broadband
 ·AT&T DSL Service
 ·magicjack.com
| reply to dean corso
About a month ago I spent at least a half hour on a phone interview only to find out they wouldn't need me possibly for a few months and the starting pay is less than what I make now. I wish they would tell you up front, but I know they want to hear my qualifications. I feel for you, but like me you just have to move on and be done with them. 
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Alumni "Mental State" |
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MIRV
join:2000-12-01
Louisville, KY | reply to ergibbs
Lol, yeah. I'm sure they have your best interests at heart. Move on. |
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fatness
subtle
Janitor
join:2000-11-17
fishing
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| reply to ergibbs
said by ergibbs :You're joking right? What is with the absurd litigiousness in our society? I don't think he's joking, no.
To your more general question about society: What is it with the idea that it's OK (if you're a business) to cause harm, and not OK (if you're an individual) to seek redress? There's no way to make the case that every claim of harm is valid. Likewise there's no way to make the case that none of them are valid. That's what courts are for.
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"I cannot teach him. The boy has no pants." |
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birdfeedr
Premium,MVM
join:2001-08-11
Warwick, RI
 ·Verizon FIOS
| reply to dean corso
I know the OP said position never existed in the first place. Sometimes the position does exist, but the person who they want to fill it has a connection (political or personal). So the company goes through the motions to make it appear legit.
Nobody really falls for it, but there's a lot of "yeah the guy we hired was the best candidate (nudge, nudge, wink, wink)". And everybody goes along with it.
My feeling? Keep it professional and just call it practice before the interview that *does* land you a job. |
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hortnut
Its been a hard road.
join:2005-09-25
All Over
·BCTelco
·Qwest.net
·Skype
·Comcast
| reply to dean corso
What is your Theory of Liability?
What is your Loss?
I have been in the same situation a couple of times in the last several years. Unfortunately I could prove nothing nor did I suffer any kind of Measurable Loss. I chalked it up to Interviewing Experience.
Wait till later and you run into Age Discrimination. You know its being done to you, yet there is no way to prove it. You can see it in the look of the Interviewer's eyes, Interview is over much too soon, they do not even look at your Resume, promised followups do not materialize, phone calls and e-mails are not returned and so on.
And in my area no Attorney is interested in a case, as there is not enough $ return for them, compared to the $ they would have to Invest in preparing a case.
Both of the above are the old - he said, she said.
Plus if a Company is behaving in a manner you describe, they are not worth working for. If they lie at the Interview, what will they pull when you get the position? Run from them as fast as possible and go to the next fish in the sea
Welcome to the ranks of the Invisible Walking Wounded.
My $o2, Your mileage may vary.
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Darn, its gettin that time to go to Wallymart to gits me picture taken agin.
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BF69
join:2004-07-28
Camden, TN
| reply to ergibbs
said by ergibbs :You're joking right? What is with the absurd litigiousness in our society? You now have a foot in the door at this organization. If you conducted yourself appropriately and professionally, your resume will remain on file and, if an opportunity arises, you just may be contacted. I had a company pay for me to travel to Miami for an interview and then tell me they weren't ready. Then, 6 months later, they paid for me to fly to Kansas for another interview, but they still weren't ready. Just because the position doesn't exist, to your knowledge, doesn't mean they aren't making preparations for future expansion. Well good thing for you that you obviously had the cash saved up to be able to not work for a year until that company decided it needed you. Most people looking for work need it TODAY. |
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ergibbs
To Be Free
Premium,ExMod 2001-05
join:2001-03-07
on the ocean | Don't make assumptions. I never said I wasn't gainfully employed at the time. |
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BosstonesOwn
join:2002-12-15
Everett, MA
clubs:
·Comcast
1 edit | reply to dean corso
I was flown out 3 times to the same company because I am a windows and unix/linux sys admin , this company racked up the miles while putting me through the paces , thanksfully as a life long contractor I had the forsight to get them to flip the bill for everything and actually pay me for my time.
Come to find out the job never was meant to be farmed out , but Im still close friends with the manager I interviewed with.
The reason was they needed to hire a "family" worker and the manager was tired of the bullshit favors being called in , so he had me interview with all the managers and burn up some cash to show them I was a better candidate. It tuns out the ceo called in the favor and his neighbors son got the job. It's life I laughed about it and to this day he is a good friend and always is looking out for me.
I wouldn't be so quick to jump to sue. It could cost ya some bucks for not much gain.
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"It's always funny until someone gets hurt......and then it's absolutely friggin' hysterical!" |
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